Baum v. Mutual Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Annie Baum against the Mutual Life Insurance Company of New York. From a judgment for defendant rendered by the City Court of the City of New York, plaintiff appeals. Affirmed. Argued December term, 1913, before SEABURY, GUY, and BI-JUR, JJ.
1Dissent
BIJUR, J. (dissenting).
This action was brought to recover the amount of an insurance policy issued upon the life of plaintiff’s husband.
The learned court below charged:
“That it is immaterial whether Mr. Baum knew that he was not in good health or not at the time the policy was delivered; that, if he was not in good health at that time, then the policy of insurance never had any inception.”
To which plaintiff’s counsel excepted.
I think that this charge was erroneous and requires a reversal of the judgment.
The insured signed an application containing the following, provision :
“All the following…
2Cases cited10 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Packard v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1903
- Henn v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1902
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